Senate Bill 1494c2

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    Florida Senate - 2000                    CS for CS for SB 1494

    By the Committees on Agriculture and Consumer Services;
    Natural Resources; and Senator Laurent




    303-1891-00

  1                      A bill to be entitled

  2         An act relating to Lake Okeechobee; amending s.

  3         373.4595, F.S.; providing legislative findings

  4         and intent; providing definitions; providing

  5         for implementation of a Lake Okeechobee

  6         Protection Program; requiring completion of a

  7         Lake Okeechobee Protection Plan by a specified

  8         date; requiring implementation of a regional

  9         water quality treatment construction project;

10         requiring completion of research and rulemaking

11         related to Lake Okeechobee; requiring regional

12         water quality monitoring; regulating the

13         diversion of specified water; requiring a

14         phosphorus control program and implementation

15         of a best management practices program;

16         providing for interagency agreements and for

17         interim measures; providing for protection of

18         native flora and fauna; providing for a study

19         regarding phosphorus removal; requiring annual

20         reports; requiring certain permits for

21         activities in the Lake Okeechobee watershed;

22         providing for rights of the Seminole Tribe of

23         Florida; preserving all existing state water

24         quality standards; preserving existing

25         authority; amending s. 373.406, F.S.; providing

26         exemptions from regulation under pt. IV of ch.

27         373, F.S., relating to management and storage

28         of surface waters; amending s. 403.067, F.S.;

29         clarifying total maximum daily load

30         calculation; clarifying that allocations may be

31         made for basins; changing a report's due date;

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  1         clarifying name of basin plans;  providing the

  2         South Florida Water Management District with

  3         certain authority to manage lands it acquires

  4         for the Kissimmee River Headwaters

  5         Revitalization Project; encouraging less than

  6         fee title acquisition under certain

  7         circumstances; providing an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

10

11         Section 1.  Section 373.4595, Florida Statutes, is

12  amended to read:

13         (Substantial rewording of section. See

14         s. 373.4595, F.S., for present text.)

15         373.4595  Lake Okeechobee Protection Program.--

16         (1)  FINDINGS AND INTENT.--

17         (a)  The Legislature finds that Lake Okeechobee is one

18  of the most important water resources of the state, providing

19  many functions benefiting the public interest, including

20  agricultural, public, and environmental water supply; flood

21  control; fishing; navigation and recreation; and habitat to

22  endangered and threatened species and other flora and fauna.

23         (b)  The Legislature finds that land uses in the Lake

24  Okeechobee watershed and the construction of the Central and

25  Southern Florida Project have resulted in adverse changes to

26  the hydrology and water quality of Lake Okeechobee. These

27  hydrology and water quality changes have resulted in algal

28  blooms and other adverse impacts to water quality both in Lake

29  Okeechobee and in downstream receiving waters.

30

31

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  1         (c)  The Legislature finds that improvement to the

  2  hydrology and water quality of Lake Okeechobee is essential to

  3  the protection of the Everglades.

  4         (d)  The Legislature also finds that it is imperative

  5  for the state, local governments, and agricultural and

  6  environmental communities to commit to restoring and

  7  protecting Lake Okeechobee and downstream receiving waters,

  8  and that a watershed-based approach to address these issues

  9  must be developed and implemented immediately.

10         (e)  The Legislature finds that phosphorus loads from

11  the Lake Okeechobee watershed have contributed to excessive

12  phosphorus levels in Lake Okeechobee and downstream receiving

13  waters and that a reduction in levels of phosphorus will

14  benefit the ecology of these systems. The excessive levels of

15  phosphorus have also resulted in an accumulation of phosphorus

16  in the sediments of Lake Okeechobee. If not removed, internal

17  phosphorus loads from the sediments are expected to delay

18  responses of the lake to external phosphorus reductions.

19         (f)  The Legislature finds that the Lake Okeechobee

20  phosphorus loads set forth in the South Florida Water

21  Management District's Technical Publication 81-2 represent an

22  appropriate basis for the initial phase of phosphorus load

23  reductions to Lake Okeechobee and that subsequent phases of

24  phosphorus load reductions shall be determined by the total

25  maximum daily loads established in accordance with s. 403.067.

26         (g)  The Legislature finds that this section, in

27  conjunction with s. 403.067, provides a reasonable means of

28  achieving and maintaining compliance with state water quality

29  standards.

30         (h)  The Legislature finds that the implementation of

31  the programs contained in this section is for the benefit of

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  1  the public health, safety, and welfare and is in the public

  2  interest.

  3         (i)  The Legislature finds that sufficient research has

  4  been conducted and sufficient plans developed to immediately

  5  initiate the first phase of a program to address the hydrology

  6  and water quality problems in Lake Okeechobee and downstream

  7  receiving waters.

  8         (j)  It is the intent of the Legislature to achieve and

  9  maintain compliance with water quality standards in Lake

10  Okeechobee and downstream receiving waters through a phased,

11  comprehensive, and innovative protection program to reduce

12  both internal and external phosphorus loads to Lake Okeechobee

13  through immediate actions to achieve the phosphorus load

14  reductions set forth in Technical Publication 81-2 and

15  long-term solutions based upon the total maximum daily loads

16  established in accordance with s. 403.067. This program shall

17  be watershed-based, shall provide for consideration of all

18  potential phosphorus sources, and shall include research and

19  monitoring, development and implementation of best management

20  practices, refinement of existing regulations, and structural

21  and nonstructural projects, including public works.

22         (k)  It is the intent of the Legislature that the Lake

23  Okeechobee Protection Program be developed and implemented in

24  coordination with and, to the greatest extent practicable,

25  through the implementation of Restudy project components and

26  other federal programs in order to maximize opportunities for

27  the most efficient and timely expenditures of public funds.

28         (l)  It is the intent of the Legislature that the

29  coordinating agencies encourage and support the development of

30  creative public-private partnerships and programs, including

31  opportunities for pollutant trading and credits, to facilitate

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  1  or further the restoration of Lake Okeechobee, consistent with

  2  s. 403.067.

  3         (2)  DEFINITIONS.--As used in this section:

  4         (a)  "Best management practice" means a practice or

  5  combination of practices determined by the coordinating

  6  agencies, based on research, field-testing, and expert review,

  7  to be the most effective and practicable on-location means,

  8  including economic and technological considerations, for

  9  improving water quality in agricultural and urban discharges.

10  Best management practices for agricultural discharges shall

11  reflect a balance between water quality improvements and

12  agricultural productivity.

13         (b)  "Coordinating agencies" means the Department of

14  Agriculture and Consumer Services, the Department of

15  Environmental Protection, and the South Florida Water

16  Management District.

17         (c)  "Corps of Engineers" means the United States Army

18  Corps of Engineers.

19         (d)  "Department" means the Department of Environmental

20  Protection.

21         (e)  "District" means the South Florida Water

22  Management District.

23         (f)  "District's WOD program" means the program

24  implemented pursuant to rules adopted as authorized by this

25  section and ss. 373.016, 373.044, 373.085, 373.086, 373.109,

26  373.113, 373.118, 373.451, and 373.453, entitled "Works of the

27  District Basin."

28         (g)  "Lake Okeechobee Construction Project" means the

29  construction project developed pursuant to paragraph (3)(b).

30         (h)  "Lake Okeechobee Protection Plan" means the plan

31  developed pursuant to this section and ss. 373.451-373.459.

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  1         (i)  "Lake Okeechobee watershed" means Lake Okeechobee

  2  and the area surrounding and tributary to Lake Okeechobee,

  3  composed of 39 surrounding hydrologic basins, as defined by

  4  South Florida Water Management District SWIM Plan Update dated

  5  August 8, 1997.

  6         (j)  "Lake Okeechobee Watershed Phosphorus Control

  7  Program" means the program developed pursuant to paragraph

  8  (3)(c).

  9         (k)  "Project component" means any structural or

10  operational change, resulting from the Restudy, to the Central

11  and Southern Florida Project as it existed and was operated as

12  of January 1, 1999.

13         (l)  "Restudy" means the Comprehensive Review Study of

14  the Central and Southern Florida Project, for which federal

15  participation was authorized by the Federal Water Resources

16  Development Acts of 1992 and 1996 together with related

17  Congressional resolutions and for which participation by the

18  South Florida Water Management District is authorized by s.

19  373.1501. The term includes all actions undertaken pursuant to

20  the aforementioned authorizations which will result in

21  recommendations for modifications or additions to the Central

22  and Southern Florida Project.

23         (m)  "Total maximum daily load" means the sum of the

24  individual wasteload allocations for point sources and the

25  load allocations for nonpoint sources and natural background.

26  Prior to determining individual wasteload allocations and load

27  allocations, the maximum amount of a pollutant that a water

28  body or water segment can assimilate from all sources without

29  exceeding water quality standards must first be calculated.

30         (3)  LAKE OKEECHOBEE PROTECTION PROGRAM.--A protection

31  program for Lake Okeechobee that achieves phosphorus load

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  1  reductions for Lake Okeechobee shall be immediately

  2  implemented as specified in this subsection. The program shall

  3  address the reduction of phosphorus loading to the lake from

  4  both internal and external sources. Phosphorus load reductions

  5  shall be achieved through a phased program of implementation.

  6  Initial implementation actions shall be technology-based,

  7  based upon a consideration of both the availability of

  8  appropriate technology and the cost of such technology, and

  9  shall include phosphorus reduction measures at both the source

10  and the regional level. The initial phase of phosphorus load

11  reductions shall be based upon the district's Technical

12  Publication 81-2 and the district's WOD program, with

13  subsequent phases of phosphorus load reductions based upon the

14  total maximum daily loads established in accordance with s.

15  403.067. In the development and administration of the Lake

16  Okeechobee Protection Program, the coordinating agencies shall

17  maximize opportunities provided by federal cost-sharing

18  programs and opportunities for partnerships with the private

19  sector.

20         (a)  Lake Okeechobee Protection Plan.--By January 1,

21  2004, the district, in cooperation with the other coordinating

22  agencies, shall complete a Lake Okeechobee Protection Plan in

23  accordance with this section and ss. 373.451-373.459. The plan

24  shall contain an implementation schedule for subsequent phases

25  of phosphorus load reduction consistent with the total maximum

26  daily loads established in accordance with s. 403.067. The

27  plan shall consider and build upon a review and analysis of

28  the following:

29         1.  The performance of projects constructed during

30  Phase I of the Lake Okeechobee Construction Project, pursuant

31  to paragraph (b).

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  1         2.  Relevant information resulting from the Lake

  2  Okeechobee Watershed Phosphorus Control Program, pursuant to

  3  paragraph (c).

  4         3.  Relevant information resulting from the Lake

  5  Okeechobee Research and Water Quality Monitoring Program,

  6  pursuant to paragraph (d).

  7         4.  Relevant information resulting from the Lake

  8  Okeechobee Exotic Species Control Program, pursuant to

  9  paragraph (e).

10         5.  Relevant information resulting from the Lake

11  Okeechobee Internal Phosphorus Management Program, pursuant to

12  paragraph (f).

13         (b)  Lake Okeechobee Construction Project.--To improve

14  the hydrology and water quality of Lake Okeechobee and

15  downstream receiving waters, the district shall design and

16  construct the Lake Okeechobee Construction Project.

17         1.  Phase I.--Phase I of the Lake Okeechobee

18  Construction Project shall consist of a series of project

19  features consistent with the recommendations of the South

20  Florida Ecosystem Restoration Working Group's Lake Okeechobee

21  Action Plan. Priority basins for such projects include S-191,

22  S-154, and Pools D and E in the Lower Kissimmee River. In

23  order to obtain immediate phosphorus load reductions to Lake

24  Okeechobee as soon as possible, the following actions shall be

25  implemented:

26         a.  The district shall serve as a full partner with the

27  Corps of Engineers in the design and construction of the

28  Grassy Island Ranch and New Palm Dairy stormwater treatment

29  facilities as components of the Lake Okeechobee Water

30  Retention/Phosphorus Removal Critical Project. The Corps of

31  Engineers shall have the lead in design and construction of

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  1  these facilities. However, the district shall encourage the

  2  Corps of Engineers to complete a detailed design document by

  3  July 1, 2001. Should delays be encountered in the

  4  implementation of either of these facilities, the district

  5  shall notify the department and recommend corrective actions.

  6         b.  By January 1, 2001, the district shall obtain

  7  permits and complete construction of two of the isolated

  8  wetland restoration projects that are part of the Lake

  9  Okeechobee Water Retention/Phosphorus Removal Critical

10  Project. The additional isolated wetland projects included in

11  this critical project shall be permitted and constructed by

12  January 1, 2003, to further reduce phosphorus loading to Lake

13  Okeechobee.

14         c.  By January 31, 2002, the district shall design and

15  complete implementation of the Lake Okeechobee Tributary

16  Sediment Removal Pilot Project. This project shall consist of

17  testing two alternative technologies for trapping and

18  collecting phosphorus-laden sediment in the secondary drainage

19  system prior to its discharge into the primary canal system

20  and Lake Okeechobee, thereby further reducing the total

21  sediment loading to the lake.

22         d.  The district shall work with the Corps of Engineers

23  to expedite initiation of the design process for the Taylor

24  Creek/Nubbins Slough Reservoir Assisted Stormwater Treatment

25  Area, a project component of the Restudy. The district shall

26  propose to the Corps of Engineers that the district take the

27  lead in the design and construction of the Reservoir Assisted

28  Stormwater Treatment Area and receive credit towards the local

29  share of the total cost of the Restudy.

30         2.  Phase II.--By January 1, 2004, the district, in

31  cooperation with the other coordinating agencies and the Corps

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  1  of Engineers, shall develop an implementation plan for Phase

  2  II of the Lake Okeechobee Construction Project. Phase II shall

  3  include construction of additional facilities in the priority

  4  basins identified in subparagraph (b)1., as well as facilities

  5  for other basins in the Lake Okeechobee watershed. The

  6  implementation plan shall:

  7         a.  Identify Lake Okeechobee Construction Project

  8  facilities to be constructed to achieve a design objective of

  9  40 parts per billion (ppb) for phosphorus measured as a

10  long-term flow weighted average concentration, unless an

11  allocation has been established pursuant to s. 403.067 for the

12  Lake Okeechobee total maximum daily load.

13         b.  Identify the size and location of all such Lake

14  Okeechobee Construction Project facilities.

15         c.  Provide a construction schedule for all such Lake

16  Okeechobee Construction Project facilities, including the

17  sequencing and specific timeframe for construction of each

18  Lake Okeechobee Construction Project facility.

19         d.  Provide a land acquisition schedule for lands

20  necessary to achieve the construction schedule.

21         e.  Provide a detailed schedule of costs associated

22  with the construction schedule.

23         f.  Identify, to the maximum extent practicable,

24  impacts to wetlands and state-listed species expected to be

25  associated with construction of such facilities, including

26  potential alternatives to minimize and mitigate such impacts,

27  as appropriate.

28         3.  Evaluation.--By January 1, 2004, and every 3 years

29  thereafter, the district, in cooperation with the coordinating

30  agencies, shall conduct an evaluation of any further

31  phosphorus load reductions necessary to achieve compliance

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  1  with the Lake Okeechobee total maximum daily load established

  2  pursuant to s. 403.067. Additionally, the district shall

  3  identify modifications to facilities of the Lake Okeechobee

  4  Construction Project as appropriate if the design objective of

  5  40 parts per billion (ppb) or the allocation established

  6  pursuant to s. 403.067 for the Lake Okeechobee total maximum

  7  daily load established pursuant to s. 403.067 is not being

  8  met. The evaluation shall be included in the applicable annual

  9  progress report submitted pursuant to paragraph (g).

10         4.  Coordination and review.--To ensure the timely

11  implementation of the Lake Okeechobee Construction Project,

12  the design of project facilities shall be coordinated with the

13  department and other interested parties to the maximum extent

14  practicable. Lake Okeechobee Construction Project facilities

15  shall be reviewed and commented upon by the department prior

16  to the execution of a construction contract by the district

17  for that facility.

18         (c)  Lake Okeechobee Watershed Phosphorus Control

19  Program.--The Lake Okeechobee Watershed Phosphorus Control

20  Program is designed to be a multifaceted approach to reducing

21  phosphorus loads by improving the management of phosphorus

22  sources within the Lake Okeechobee watershed through continued

23  implementation of existing regulations and best management

24  practices, development and implementation of improved best

25  management practices, improvement and restoration of the

26  hydrologic function of natural and managed systems, and

27  utilization of alternative technologies for nutrient

28  reduction. The coordinating agencies shall facilitate the

29  application of federal programs that offer opportunities for

30  water quality treatment, including preservation, restoration,

31  or creation of wetlands on agricultural lands.

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  1         1.  Agricultural nonpoint source best management

  2  practices, developed in accordance with s. 403.067 and

  3  designed to achieve the objectives of the Lake Okeechobee

  4  Protection Program, shall be implemented on an expedited

  5  basis. By March 1, 2001, the coordinating agencies shall

  6  develop an interagency agreement pursuant to ss. 373.046 and

  7  373.406(5) that assures the development of best management

  8  practices that complement existing regulatory programs and

  9  specifies how those best management practices are implemented

10  and verified. The interagency agreement shall address measures

11  to be taken by the coordinating agencies during any best

12  management practice reevaluation performed pursuant to

13  sub-subparagraph d. The department shall use best professional

14  judgment in making the initial determination of best

15  management practice effectiveness.

16         a.  As provided in s. 403.067(7)(d), by October 1,

17  2000, the Department of Agriculture and Consumer Services, in

18  consultation with the department, the district, and affected

19  parties, shall initiate rule development for interim measures,

20  best management practices, conservation plans, nutrient

21  management plans, or other measures necessary for Lake

22  Okeechobee phosphorus load reduction. The rule shall include

23  thresholds for requiring conservation and nutrient management

24  plans and criteria for the contents of those plans.

25  Development of agricultural nonpoint source best management

26  practices shall initially focus on those priority basins

27  listed in subparagraph (b)1. The Department of Agriculture and

28  Consumer Services, in consultation with the department, the

29  district, and affected parties, shall conduct an ongoing

30  program for improvement of existing and development of new

31

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  1  interim measures or best management practices for the purpose

  2  of adoption of such practices by rule.

  3         b.  Where agricultural nonpoint source best management

  4  practices or interim measures have been adopted by rule of the

  5  Department of Agriculture and Consumer Services, the owner or

  6  operator of an agricultural nonpoint source addressed by such

  7  rule shall either implement interim measures or best

  8  management practices or demonstrate compliance with the

  9  district's WOD program by conducting monitoring prescribed by

10  the department or the district. Owners or operators of

11  agricultural nonpoint sources who implement interim measures

12  or best management practices adopted by rule of the Department

13  of Agriculture and Consumer Services shall be subject to the

14  provisions of s. 403.067(7). The Department of Agriculture and

15  Consumer Services, in cooperation with the department and the

16  district, shall provide technical and financial assistance for

17  implementation of agricultural best management practices,

18  subject to the availability of funds.

19         c.  The district or department shall conduct monitoring

20  at representative sites to verify the effectiveness of

21  agricultural nonpoint source best management practices.

22         d.  Where water quality problems are detected for

23  agricultural nonpoint sources despite the appropriate

24  implementation of adopted best management practices, the

25  Department of Agriculture and Consumer Services, in

26  consultation with the other coordinating agencies and affected

27  parties, shall institute a reevaluation of the best management

28  practices and make appropriate changes to the rule adopting

29  best management practices.

30         2.  Nonagricultural nonpoint source best management

31  practices, developed in accordance with s. 403.067 and

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  1  designed to achieve the objectives of the Lake Okeechobee

  2  Protection Program, shall be implemented on an expedited

  3  basis. By March 1, 2001, the department and the district shall

  4  develop an interagency agreement pursuant to ss. 373.046 and

  5  373.406(5) that assures the development of best management

  6  practices that complement existing regulatory programs and

  7  specifies how those best management practices are implemented

  8  and verified. The interagency agreement shall address measures

  9  to be taken by the department and the district during any best

10  management practice reevaluation performed pursuant to

11  sub-subparagraph d.

12         a.  The department and the district are directed to

13  work with the University of Florida's Institute of Food and

14  Agricultural Sciences to develop appropriate nutrient

15  application rates for all nonagricultural soil amendments in

16  the watershed. As provided in s. 403.067(7)(c), by January 1,

17  2001, the department, in consultation with the district and

18  affected parties, shall develop interim measures, best

19  management practices, or other measures necessary for Lake

20  Okeechobee phosphorus load reduction. Development of

21  nonagricultural nonpoint source best management practices

22  shall initially focus on those priority basins listed in

23  subparagraph (b)1. The department, the district, and affected

24  parties shall conduct an ongoing program for improvement of

25  existing and development of new interim measures or best

26  management practices. The district shall adopt

27  technology-based standards under the district's WOD program

28  for nonagricultural nonpoint sources of phosphorus.

29         b.  Where nonagricultural nonpoint source best

30  management practices or interim measures have been developed

31  by the department and adopted by the district, the owner or

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  1  operator of a nonagricultural nonpoint source shall implement

  2  interim measures or best management practices and be subject

  3  to the provisions of s. 403.067(7). The department and

  4  district shall provide technical and financial assistance for

  5  implementation of nonagricultural nonpoint source best

  6  management practices, subject to the availability of funds.

  7         c.  The district or the department shall conduct

  8  monitoring at representative sites to verify the effectiveness

  9  of nonagricultural nonpoint source best management practices.

10         d.  Where water quality problems are detected for

11  nonagricultural nonpoint sources despite the appropriate

12  implementation of adopted best management practices, the

13  department and the district shall institute a reevaluation of

14  the best management practices.

15         3.  The provisions of subparagraphs 1. and 2. shall not

16  preclude the department or the district from requiring

17  compliance with water quality standards or with current best

18  management practices requirements set forth in any applicable

19  regulatory program authorized by law for the purpose of

20  protecting water quality. Additionally, subparagraphs 1. and

21  2. are applicable only to the extent that they do not conflict

22  with any rules promulgated by the department that are

23  necessary to maintain a federally delegated or approved

24  program.

25         4.  Projects which reduce the phosphorus load

26  originating from domestic wastewater systems within the Lake

27  Okeechobee watershed shall be given funding priority in the

28  department's revolving loan program under s. 403.1835. The

29  department shall coordinate and provide assistance to those

30  local governments seeking financial assistance for such

31  priority projects.

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  1         5.  The department shall require all entities disposing

  2  of domestic wastewater residuals within the Lake Okeechobee

  3  watershed to develop and submit to the department by July 1,

  4  2001, an agricultural use plan that limits applications based

  5  upon phosphorus loading. Phosphorus loading originating from

  6  these application sites shall not exceed the limits

  7  established in the district's WOD program.

  8         6.  By July 1, 2001, the Department of Agriculture and

  9  Consumer Services shall initiate rulemaking requiring entities

10  within the Lake Okeechobee watershed which land-apply animal

11  manure to develop conservation or nutrient management plans

12  that limit application, based upon phosphorus loading. Such

13  rules may include criteria and thresholds for the requirement

14  to develop a conservation or nutrient management plan,

15  requirements for plan approval, and recordkeeping

16  requirements.

17         7.  Prior to authorizing a discharge into works of the

18  district, the district shall require responsible parties to

19  demonstrate that proposed changes in land use will not result

20  in increased phosphorus loading over that of existing land

21  uses.

22         8.  The district, the department, or the Department of

23  Agriculture and Consumer Services, as appropriate, shall

24  implement those alternative nutrient reduction technologies

25  determined to be feasible pursuant to subparagraph (d)6.

26         (d)  Lake Okeechobee Research and Water Quality

27  Monitoring Program.--By January 1, 2001, the district, in

28  cooperation with the other coordinating agencies, shall

29  establish a Lake Okeechobee Research and Water Quality

30  Monitoring Program that builds upon the district's existing

31  Lake Okeechobee research program. The program shall:

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  1         1.  Evaluate all available existing water quality data

  2  concerning total phosphorus in the Lake Okeechobee watershed,

  3  develop a water quality baseline to represent existing

  4  conditions for total phosphorus, monitor long-term ecological

  5  changes, including water quality for total phosphorus, and

  6  measure compliance with water quality standards for total

  7  phosphorus, including the total maximum daily load for Lake

  8  Okeechobee as established pursuant to s. 403.067. The district

  9  shall also implement a total phosphorus monitoring program at

10  all inflow structures to Lake Okeechobee.

11         2.  By July 1, 2003, develop a Lake Okeechobee water

12  quality model that reasonably represents phosphorus dynamics

13  of the lake and incorporates an uncertainty analysis

14  associated with model predictions.

15         3.  By July 1, 2003, determine the relative

16  contribution of phosphorus from all identifiable sources and

17  all primary and secondary land uses.

18         4.  By July 1, 2003, conduct an assessment of the

19  sources of phosphorus from the Upper Kissimmee Chain-of-Lakes

20  and Lake Istokpoga, and their relative contribution to the

21  water quality of Lake Okeechobee. The results of this

22  assessment shall be used by the coordinating agencies to

23  develop interim measures, best management practices, or

24  regulation, as applicable.

25         5.  By July 1, 2003, assess current water management

26  practices within the Lake Okeechobee watershed and develop

27  recommendations for structural and operational improvements.

28  Such recommendations shall balance water supply, flood

29  control, and water quality considerations.

30         6.  By July 1, 2003, evaluate the feasibility of

31  alternative nutrient reduction technologies, including

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  1  sediment traps, canal and ditch maintenance, fish production

  2  or other aquaculture, bioenergy conversion processes, and

  3  algal or other biological treatment technologies.

  4         (e)  Lake Okeechobee Exotic Species Control

  5  Program.--By June 1, 2002, the coordinating agencies shall

  6  identify the exotic species that threaten the native flora and

  7  fauna within the Lake Okeechobee watershed and develop and

  8  implement measures to protect the native flora and fauna.

  9         (f)  Lake Okeechobee Internal Phosphorus Management

10  Program.--By July 1, 2003, the district, in cooperation with

11  the other coordinating agencies and interested parties, shall

12  complete a Lake Okeechobee internal phosphorus load removal

13  feasibility study. The feasibility study shall be based on

14  technical feasibility, as well as economic considerations, and

15  address all reasonable methods of phosphorus removal. If

16  methods are found to be feasible, the district shall

17  immediately pursue the design, funding, and permitting for

18  implementing such methods.

19         (g)  Annual progress report.--Each January 1, beginning

20  in 2001, the district shall submit to the Governor, the

21  President of the Senate, and the Speaker of the House of

22  Representatives annual progress reports regarding

23  implementation of this section. The annual report shall

24  include a summary of water quality and habitat conditions in

25  Lake Okeechobee and the Lake Okeechobee watershed and the

26  status of the Lake Okeechobee Construction Project. The

27  district shall prepare the report in cooperation with the

28  other coordinating agencies.

29         (4)  LAKE OKEECHOBEE PROTECTION PERMITS.--

30         (a)  The Legislature finds that the Lake Okeechobee

31  Protection Program will benefit Lake Okeechobee and downstream

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  1  receiving waters and is consistent with the public interest.

  2  The Lake Okeechobee Construction Project and structures

  3  discharging into or from Lake Okeechobee shall be constructed,

  4  operated, and maintained in accordance with this section.

  5         (b)  Permits obtained pursuant to this section are in

  6  lieu of all other permits under chapter 373 or chapter 403,

  7  except those issued under s. 403.0885, if applicable. No

  8  additional permits are required for the Lake Okeechobee

  9  Construction Project or structures discharging into or from

10  Lake Okeechobee. Construction activities related to

11  implementation of the Lake Okeechobee Construction Project may

12  be initiated prior to final agency action, or notice of

13  intended agency action, on any permit from the department

14  under this section.

15         (c)  Within 90 days after completion of the diversion

16  plans set forth in Department Consent Orders 91-0694, 91-0707,

17  91-0706, 91-0705, and RT50-205564, owners or operators of

18  existing structures that discharge into or from Lake

19  Okeechobee which are subject to the provisions of s.

20  373.4592(4)(a) shall apply for a permit from the department to

21  operate and maintain such structures. By September 1, 2000,

22  owners or operators of all other existing structures that

23  discharge into or from Lake Okeechobee shall apply for a

24  permit from the department to operate and maintain such

25  structures. The department shall issue one or more such

26  permits for a term of 5 years upon the demonstration of

27  reasonable assurance that schedules and strategies to achieve

28  and maintain compliance with water quality standards have been

29  provided for, to the maximum extent practicable, and that

30  operation of the structures otherwise complies with provisions

31  of ss. 373.413 and 373.416.

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  1         1.  Permits issued under this paragraph shall also

  2  contain reasonable conditions to ensure that discharges of

  3  waters through structures:

  4         a.  Are adequately and accurately monitored;

  5         b.  Will not degrade existing Lake Okeechobee water

  6  quality and will result in an overall reduction of phosphorus

  7  input into Lake Okeechobee, as set forth in the district's

  8  Technical Publication 81-2 and the total maximum daily load

  9  established in accordance with s. 403.067, to the maximum

10  extent practicable; and

11         c.  Do not pose a serious danger to public health,

12  safety, or welfare.

13         2.  For the purposes of this paragraph, owners and

14  operators of existing structures that are subject to the

15  provisions of s. 373.4592(4)(a) and that discharge into or

16  from Lake Okeechobee shall be deemed in compliance with the

17  term "maximum extent practicable" if they are in full

18  compliance with the conditions of permits under Chapters

19  40E-61 and 40E-63, Florida Administrative Code.

20         3.  By January 1, 2004, the district shall submit to

21  the department a permit modification to the Lake Okeechobee

22  structure permits to incorporate proposed changes necessary to

23  ensure that discharges through the structures covered by this

24  permit achieve state water quality standards, including the

25  total maximum daily load established in accordance with s.

26  403.067. These changes shall be designed to achieve such

27  compliance with state water quality standards no later than

28  January 1, 2015.

29         (d)  The department shall require permits for Lake

30  Okeechobee Construction Project facilities. Such permits shall

31

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  1  be issued for a term of 5 years upon the demonstration of

  2  reasonable assurances that:

  3         1.  The Lake Okeechobee Construction Project facility,

  4  based upon the conceptual design documents and any subsequent

  5  detailed design documents developed by the district, will

  6  achieve the design objectives for phosphorus required in

  7  paragraph (3)(b);

  8         2.  For water quality standards other than phosphorus,

  9  the quality of water discharged from the facility is of equal

10  or better quality than the inflows;

11         3.  Discharges from the facility do not pose a serious

12  danger to public health, safety, or welfare; and

13         4.  Any wetland impacts or impact to state-listed

14  species resulting from implementation of that facility of the

15  Lake Okeechobee Construction Project are minimized and

16  mitigated, as appropriate.

17         (e)  At least 60 days prior to the expiration of any

18  permit issued under this section, the permittee may apply for

19  a renewal thereof for a period of 5 years.

20         (f)  Permits issued under this section may include any

21  standard conditions provided by department rule which are

22  appropriate and consistent with this section.

23         (g)  Permits issued pursuant to this section may be

24  modified, as appropriate, upon review and approval by the

25  department.

26         (5)  The South Florida Water Management District shall

27  not divert waters to the St. Lucie River, the Indian River

28  estuary, the Caloosahatchee River or its estuary, or the

29  Everglades National Park in such a way that the state water

30  quality standards are violated, that the nutrients in such

31  diverted waters adversely affect indigenous vegetation

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  1  communities or wildlife, or that fresh water diverted to the

  2  St. Lucie River or the Caloosahatchee or Indian River

  3  estuaries adversely affect the estuarine vegetation or

  4  wildlife, unless the receiving waters will biologically

  5  benefit by the diversion. However, diversion is permitted when

  6  an emergency is declared by the water management district, if

  7  the Secretary of Environmental Protection concurs.

  8         (6)  This section does not modify any provision of s.

  9  373.4592.

10         (7)  RIGHTS OF SEMINOLE TRIBE OF FLORIDA.--Nothing in

11  this section is intended to diminish or alter the governmental

12  authority and powers of the Seminole Tribe of Florida or

13  diminish or alter the rights of that tribe, including, but not

14  limited to, rights under the Water Rights Compact among the

15  Seminole Tribe of Florida, the state, and the South Florida

16  Water Management District as enacted by Pub. L. No. 100-228,

17  101 Stat. 1556, and chapter 82-292, Laws of Florida, and

18  codified in s. 285.165, and rights under any other agreement

19  between the Seminole Tribe of Florida and the state or its

20  agencies. No land of the Seminole Tribe of Florida shall be

21  used for water storage or stormwater treatment without the

22  consent of the tribe.

23         (8)  RELATIONSHIP TO STATE WATER QUALITY

24  STANDARDS.--Nothing in this section shall be construed to

25  modify any existing state water quality standard.

26         (9)  PRESERVATION OF AUTHORITY.--Nothing in this

27  section shall be construed to restrict the authority otherwise

28  granted to agencies pursuant to chapters 373 and 403, and

29  provisions of this section shall be deemed supplemental to the

30  authority granted to agencies pursuant to chapters 373 and

31  403.

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  1         Section 2.  Subsections (9) and (10) are added to

  2  section 373.406, Florida Statues, to read:

  3         373.406  Exemptions.--The following exemptions shall

  4  apply:

  5         (9)  Implementation of measures having the primary

  6  purpose of environmental restoration or water quality

  7  improvement on agricultural lands are exempt from regulation

  8  under this part where these measures or practices are

  9  determined by the district or department, on a case-by-case

10  basis, to have minimal or insignificant individual and

11  cumulative adverse impact on the water resources of the state.

12  The district or department shall provide written notification

13  as to whether the proposed activity qualifies for the

14  exemption within 30 days after receipt of a written notice

15  requesting the exemption. No activity under this exemption

16  shall commence until the district or department has provided

17  written notice that the activity qualifies for the exemption.

18         (10)  Implementation of interim measures or best

19  management practices adopted pursuant to s. 403.067 that are

20  by rule designated as having minimal individual or cumulative

21  adverse impacts to the water resources of the state are exempt

22  from regulation under this part.

23         Section 3.  Paragraphs (a), (b), and (c) of subsection

24  (6) and paragraphs (a) and (b) of subsection (7) of section

25  403.067, Florida Statutes, are amended to read:

26         403.067  Establishment and implementation of total

27  maximum daily loads.--

28         (6)  CALCULATION AND ALLOCATION.--

29         (a)  Calculation of total maximum daily load.

30         1.  Prior to developing a total maximum daily load

31  calculation for each water body or water body segment on the

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  1  list specified in subsection (4), the department shall

  2  coordinate with applicable local governments, water management

  3  districts, the Department of Agriculture and Consumer

  4  Services, other appropriate state agencies, local soil and

  5  water conservation districts, environmental groups, regulated

  6  interests, and affected pollution sources to determine the

  7  information required, accepted methods of data collection and

  8  analysis, and quality control/quality assurance requirements.

  9  The analysis may include mathematical water quality modeling

10  using approved procedures and methods.

11         2.  The department shall develop total maximum daily

12  load calculations for each water body or water body segment on

13  the list described in subsection (4) according to the priority

14  ranking and schedule unless the impairment of such waters is

15  due solely to activities other than point and nonpoint sources

16  of pollution. For waters determined to be impaired due solely

17  to factors other than point and nonpoint sources of pollution,

18  no total maximum daily load will be required. A total maximum

19  daily load may be required for those waters that are impaired

20  predominantly due to activities other than point and nonpoint

21  sources. The total maximum daily load calculation shall

22  establish the amount of a pollutant that a water body or water

23  body segment may receive from all sources can assimilate

24  without exceeding water quality standards, and shall account

25  for seasonal variations and include a margin of safety that

26  takes into account any lack of knowledge concerning the

27  relationship between effluent limitations and water quality.

28  The total maximum daily load may be based on a pollutant load

29  reduction goal developed by a water management district,

30  provided that such pollutant load reduction goal is

31

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  1  promulgated by the department in accordance with the

  2  procedural and substantive requirements of this subsection.

  3         (b)  Allocation of total maximum daily loads. The total

  4  maximum daily loads shall include establishment of reasonable

  5  and equitable allocations of the total maximum daily load

  6  among point and nonpoint sources that will alone, or in

  7  conjunction with other management and restoration activities,

  8  provide for the attainment of water quality standards and the

  9  restoration of impaired waters. The allocations may shall

10  establish the maximum amount of the water pollutant from a

11  given source or category of sources that may be discharged or

12  released into the water body or water body segment in

13  combination with other discharges or releases. Allocations may

14  also be made to individual basins and sources or as a whole to

15  all basins and sources or categories of sources of inflow to

16  the water body or water body segments. Allocations Such

17  allocations shall be designed to attain water quality

18  standards and shall be based on consideration of the

19  following:

20         1.  Existing treatment levels and management practices;

21         2.  Differing impacts pollutant sources may have on

22  water quality;

23         3.  The availability of treatment technologies,

24  management practices, or other pollutant reduction measures;

25         4.  Environmental, economic, and technological

26  feasibility of achieving the allocation;

27         5.  The cost benefit associated with achieving the

28  allocation;

29         6.  Reasonable timeframes for implementation;

30

31

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  1         7.  Potential applicability of any moderating

  2  provisions such as variances, exemptions, and mixing zones;

  3  and

  4         8.  The extent to which nonattainment of water quality

  5  standards is caused by pollution sources outside of Florida,

  6  discharges that have ceased, or alterations to water bodies

  7  prior to the date of this act.

  8         (c)  Not later than February 1, 2001, the department

  9  shall submit a report to the Governor, the President of the

10  Senate, and the Speaker of the House of Representatives

11  containing recommendations, including draft legislation, for

12  any modifications to the process for allocating total maximum

13  daily loads, including the relationship between allocations

14  and the watershed or basin management planning process. Such

15  recommendations shall be developed by the department in

16  cooperation with a technical advisory committee which includes

17  representatives of affected parties, environmental

18  organizations, water management districts, and other

19  appropriate local, state, and federal government agencies. The

20  technical advisory committee shall also include such members

21  as may be designated by the President of the Senate and the

22  Speaker of the House of Representatives.

23         (7)  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.--

24         (a)  The department shall be the lead agency in

25  coordinating the implementation of the total maximum daily

26  loads load allocation through water quality protection

27  programs. Application of a total maximum daily load

28  calculation or allocation by a water management district shall

29  be consistent with this section and shall not require the

30  issuance of an order or a separate action pursuant to s.

31  120.536(1) or s. 120.54 for adoption of the calculation and

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  1  allocation previously established by the department. Such

  2  programs may include, but are not limited to:

  3         1.  Permitting and other existing regulatory programs;

  4         2.  Nonregulatory and incentive-based programs,

  5  including best management practices, cost sharing, waste

  6  minimization, pollution prevention, and public education;

  7         3.  Other water quality management and restoration

  8  activities, for example surface water improvement and

  9  management plans approved by water management districts under

10  s. 373.456 or watershed or basin management plans developed

11  pursuant to this subsection;

12         4.  Pollutant trading or other equitable economically

13  based agreements;

14         5.  Public works including capital facilities; or

15         6.  Land acquisition.

16         (b)  In developing and implementing the total maximum

17  daily load for a water body allocation, the department, or the

18  department in conjunction with a water management district,

19  may develop a watershed or basin management basin plan that

20  addresses some or all of the watersheds and basins tributary

21  to the water body. These plans The basin plan will serve to

22  fully integrate all the management strategies available to the

23  state for the purpose of implementing the total maximum daily

24  loads and achieving water quality restoration. The watershed

25  or basin management basin planning process is intended to

26  involve the broadest possible range of interested parties,

27  with the objective of encouraging the greatest amount of

28  cooperation and consensus possible. The department or water

29  management district shall hold at least one public meeting in

30  the vicinity of the watershed or basin to discuss and receive

31  comments during the basin planning process and shall otherwise

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  1  encourage public participation to the greatest practical

  2  extent. Notice of the public meeting shall be published in a

  3  newspaper of general circulation in each county in which the

  4  watershed or basin lies not less than 5 days nor more than 15

  5  days before the public meeting. A watershed or basin

  6  management basin plan shall not supplant or otherwise alter

  7  any assessment made under s. 403.086(3) and (4), or any

  8  calculation or allocation made under s. 403.086(6).

  9         Section 4.  The South Florida Water Management District

10  shall have the authority to manage lands it acquires for the

11  Kissimmee River Headwaters Revitalization Project to protect

12  and improve water quality, implement hydrological

13  improvements, protect fish and wildlife and endangered

14  species, and accomplish other best management practices on

15  district land in a manner that is consistent with surrounding

16  parks and preserves owned by the state. In acquiring land for

17  the Kissimmee River Headwaters Revitalization Project, the

18  South Florida Water Management District is encouraged to

19  acquire less than fee title where feasible and beneficial to

20  the protection of ecological values, fish and wildlife, and

21  endangered species, provided the objectives of restoring the

22  Everglades system are advanced and the project purposes of the

23  Kissimmee River Restoration Project and the Kissimmee River

24  Headwaters Revitalization Project are met. In determining the

25  fair market value of lands to be acquired from willing sellers

26  in the upper Kissimmee Basin for such purposes, all appraisals

27  of such lands may consider income from the use of the property

28  for permanent plantings. The derived value may be deemed

29  attributable to the real estate. Appraisers shall comply with

30  the Uniform Standards of Professional Appraisal Practice.

31

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  1         Section 5.  This act shall take effect upon becoming a

  2  law.

  3

  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                            CS/SB 1494

  6

  7  The Committee Substitute for Committee Substitute for Senate
    Bill 1494 is different from Senate Bill 1494 in that it:
  8
    *     Establishes a deadline for submission of permit
  9        applications for discharge structures that are subject
          to provisions of the Everglades Forever Act.
10
    *     Specifies permitting criteria for discharge structures
11        that are subject to provisions of the Everglades Forever
          Act.
12
    *     Adds a requirement for the identification of potential
13        impacts to listed species in the implementation plan for
          Phase II of the Lake Okeechobee Construction Project.
14
    *     Restores existing language in s. 373.495, F.S.,
15        specifying that the District may not divert waters to
          the Indian River and Caloosahatchee River that will harm
16        those waters and extends such protection to the St.
          Lucie River.
17
    *     Preserves the power and authority of the Seminole Tribe
18        of Florida and its existing legal rights.

19  *     Reinstates the due date for a required Department of
          Environmental Protection report on total maximum daily
20        load implementation.

21  *     Provides that appraisers must comply with the Uniform
          Standards of Professional Appraisal Practice.
22
    *     Adds a requirement that impacts to listed species
23        resulting from the Lake Okeechobee Construction Project
          be minimized and mitigated, as appropriate.
24

25

26

27

28

29

30

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